Tuesday, 13 Jul 2021

Written Answers 321-340

Defective Building Materials

Questions (322)

Joe McHugh

Question:

322. Deputy Joe McHugh asked the Minister for Housing, Local Government and Heritage if he will be setting up an interdepartmental group to co-ordinate each Department’s response to MICA in County Donegal in view of the impact on State-funded buildings or if this will be a matter for each individual Department as evidenced by the proactive response by the Department of Education in funding the cost of testing in schools; if he will acknowledge this positive move by the Department of Education; and the steps that have been taken by other Departments to follow this lead. [37998/21]

Written answers

Minister for Housing, Local Government and Heritage

The cracking of external walls of dwellings in Donegal and Mayo, due to the crumbling of concrete blockwork, came to light in 2013. An Expert Panel was established in 2016 to investigate the matter. It was chaired by Mr. Denis McCarthy and it included representatives nominated by the National Standards Authority of Ireland, Association of Consulting Engineers of Ireland, and the Institute of Geologists of Ireland.

The report of the expert panel was published on 13 June 2017. It concluded that the disintegration of the concrete blocks used in the construction of the affected dwellings in Donegal and Mayo was primarily due to excessive amounts of deleterious materials in the aggregate used to manufacture the concrete blocks. The deleterious material in Donegal was primarily muscovite mica and in Mayo it was primarily reactive pyrite.

On the 31 January 2020, the Minister for Housing, Planning and Local Government and the Minister for Public Expenditure and Reform, made Regulations to provide for a grant scheme to support affected homeowners in Donegal and Mayo. The Department subsequently prepared and issued guidelines on the operation of the scheme to both Councils to assist them in the administration of the scheme. The scheme opened for applications in June 2020.

The resulting Defective Concrete Blocks Grant scheme is a grant scheme of financial assistance to support affected homeowner(s) to remediate their dwelling, where their dwelling has been damaged by the use of defective concrete blocks in its construction. The grant scheme applies to the owners of dwellings (located in Donegal or Mayo), which are damaged due to defective concrete blocks containing excessive amounts of deleterious materials namely mica or pyrite. The dwelling must be the individual’s principal private residence.

The goal of the grant scheme is to help a restricted group of homeowners who have no other practicable option to remediate their home. It is not a compensation scheme but a mechanism for the State to help ordinary homeowners to remediate defects to their principal private residence and return their homes to the condition they would have been in had they not been built with defective concrete blocks.

Budget 2021 provides funding of €20 million to fund the operation of the Defective Concrete Blocks Grant scheme for the counties of Donegal and Mayo. At this stage 475 stage one applications (377 in Donegal and 98 in Mayo) have been submitted and nearly 70% have been approved.

In response to concerns about the scheme which have been raised by homeowners I established a time-bound working group, with representatives from my Department, the local authorities and homeowner representative groups, to review any outstanding issues in relation to the operation of the scheme, including issues such as grant caps, homeowner contributions, engineering and allowable costs etc. I expect that the review, to be undertaken by the working group, will be completed by 31 July and will inform any changes or improvements to the scheme as may be required. Following receipt of the report of the working group I will, following consultation with the Minister for Public Expenditure and Reform and the Attorney General, bring proposals in this regard to Government.

As Minister for Housing, Local Government and Heritage I do not have an overarching responsibility for the State's property portfolio. Consideration in regard to the wider impact of defective concrete blocks on public buildings would be a matter for the relevant Department or the Office of Public Works.

Tax Code

Questions (323)

Catherine Murphy

Question:

323. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage if he will introduce changes to baselines in respect of the local property tax; if he will continue to use an equalisation fund; and the way in which he proposes that that self-fund aspect will be determined. [38020/21]

Written answers

Minister of State at the Department of Housing, Planning and Local Government (Deputy Peter Burke)

I refer to the reply to Parliamentary Question No. 61 of 07 July 2021, which sets out the position in this matter.

As referred in my previous reply, Local Property Tax (LPT) allocations for 2022 will provisionally be based on updated information regarding the 2021 yield, on a no change basis i.e. the 80:20 model. All other elements are also be based on 2021 figures, including the LPT baselines, the equalisation contribution and self-funding of housing and roads from surplus LPT. It is recognised that the yield will change following the revaluation and the matter will be revisited at that point.

Defective Building Materials

Questions (324)

Pádraig MacLochlainn

Question:

324. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage if under the European Union (Construction Products) Regulations 2013 (SI No.225 of 2013) each of the building control authorities have been designated by the State as the principal market surveillance authorities for construction products that fall within the scope of the CPR within their administrative areas; and the efforts that have been made by his Department over the past eight years to ensure that all local authorities receiving reports of mica or pyrite defective products were investigating the relevant quarries under their jurisdiction and that they were adequately resourced to meet their investigative and market surveillance responsibilities. [37192/21]

Written answers

Minister for Housing, Local Government and Heritage

The Construction Products Regulation (EU) No 305/2011 (CPR) sets out rules for the marketing of construction products in the EU. Under the European Union (Construction Products) Regulations 2013 each of the building control authorities (local authorities) have been designated as the principal market surveillance authorities for construction products that fall within the scope of the CPR, within their administrative areas.

In 2020, in order to strengthen the market surveillance function, I appointed Dublin City Council as a competent authority, under the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (Construction Products – Market Surveillance) Regulations 2020, for the carrying out of market surveillance functions under the European Union (Construction Products) Regulations 2013 for all related construction products on a nationwide basis.

As part of the Building Control Reform Agenda the National Building Control Management Project (NBCMP) was created to provide oversight, support and direction for the development, standardisation and implementation of Building Control as an effective shared service in the 31 Building Control Authorities. The NBCMP is managed by the National Building Control Office (NBCO) within Dublin City Council (DCC) through the five pillars of:

1. Training: This includes the coordination, development and management of a training      programme to support building control staff in the discharge of their  duties.  

2. Inspections:   This includes the development and implementation of a robust and consistent inspection regime in the 31 Building Control Authorities to facilitate meaningful risk-based targeted inspections of building  works. 

3. Compliance Support: This includes the provision of oversight and support across the full suite of Building Control Legislation to ensure transparent, professional enforcement of the relevant legislation in accordance with proper public administration.

4. Information System - Building Control Management System (IS-BCMS): This includes the development and management of the nformation technology-based system hosted by the Local Government Management Agency which facilitates the electronic administration of building control matters by building control authorities as the preferred means of building control administration.

5. Market Surveillance: Dublin City Council-National Building Control Office, (DCC-NBCO) Market Surveillance Unit was established in 2020 (following DCCs appointment as a competent authority). This service delivered by DCC-NBCO is complementary to the existing role of the 31 Building Control Authorities as Market Surveillance Authorities. Building control authorities liaise with the DCC-NBCO national market surveillance unit to support compliance with the CPR and to determine appropriate action on enforcement matters, as they arise.

The National Building Control Advisory Committee oversees the NBCMP. My Department meets regularly with the NBCO and is represented on all of the associated committees and working groups.

In 2016, to support and empower Building Control Authorities (BCAs) in carrying out their duties across a range of legislation including building control, construction product and market surveillance legislation in a standardised and consistent way, a guidance document was produced, ‘Framework for Building Control Authorities’.

In 2020, my Department provided a budget allocation of €500,000 to support the development of this Market Surveillance Unit.  €147,000 of the budget was expended as the project was at the early development set up phase.  In 2021, my Department has provided a budget allocation of €564,000 to continue to support the development, and resourcing of the Market Surveillance Unit.

Pursuant to Article 18(5) of Regulation (EC) 765/2008, Ireland’s National market surveillance programme 2021 is published on the website of the European Commission. Section 2.5 provides specific details with the market surveillance of construction products and outlines a market surveillance campaign led by DCC-NBCO, which has recently commenced, to perform risk assessments of selected quarrying and pit operations, follow-up inspections, sampling and testing as appropriate to ensure compliance with the CPR.

In 2019, my Department issued ‘Guidelines for local authorities in the preparation of their Corporate Plans 2019-2024’. The corporate plan serves as the local authority’s strategic framework for action over the duration of the plan. These guidelines emphasise the importance of the Building Control function to ensure safe and sustainable buildings in urban and rural areas and highlights the key responsibilities for Building Control, including monitoring compliance with Building Regulations, Building Control Regulations, Construction Products Regulation and Energy Performance of Buildings Directive.

Building control authorities are independent in the exercise of their statutory powers. Under section 159 of the Local Government Act 2001, each Chief Executive is responsible for the staffing and organisational arrangements necessary for carrying out the functions of the local authority for which he or she is responsible.

Citizens' Assembly

Questions (325, 332)

Paul Murphy

Question:

325. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage if he will provide a date for the Citizens' Assembly on biodiversity loss before the Dáil summer recess; and if his Department will ensure that points (details supplied) will be considered on the agenda. [37234/21]

John Lahart

Question:

332. Deputy John Lahart asked the Minister for Housing, Local Government and Heritage if consideration is being given to the need to set a date for the citizens' assembly on biodiversity loss before 16 July 2021; and if he will make a statement on the matter. [37372/21]

Written answers

Minister of State at the Department of Housing, Planning and Local Government (Deputy Malcolm Noonan)

I propose to take Questions Nos. 325 and 332 together.

The convening of a Citizens' Assembly on Biodiversity is under discussion at a senior level between the Department of the Taoiseach and my Department.  The timing and scheduling of the Assembly will depend on the outcome of these discussions and on a number of external factors which need to be considered before the scope and terms of the Assembly are framed. 

In this regard, work is currently underway in my Department on putting a consultation in place to ensure the views of stakeholders, such as youth, are included in the process. I consider it crucial that the views of our young people are properly and carefully considered in determining how we approach the biodiversity crisis in the coming years. 

Work is also ongoing in the context of the Convention on Biological Diversity (CBD), the UN agreement that underpins global biodiversity policy, on developing and reaching agreement on a new Global Biodiversity Framework. This new Framework should be presented at the next Conference of the Parties to the CBD (COP15), which is due to be held in China later this year. It will set out the targets and actions agreed on among Parties, including Ireland, to respond to the biodiversity crisis over the next decade. 

Linkages between global biodiversity policies and issues around sustainable development, Just Transition, the concerns of local and indigenous communities, gender inequalities, as well as the needs of Least Developed Countries (LDCs) and Small Island Developing States (SIDS), are an important aspect of the discussions taking place at international level. 

Ireland's next National Biodiversity Action Plan is due to be published in 2022 and will be informed by the objectives of the new Framework. It would be useful if the Citizens' Assembly was also scheduled so that its discussions can respond to the new global policy framework for biodiversity and help inform Ireland's role in it.  

I do not envisage that a date for the Assembly will be set before the Dáil Summer Recess.

Housing Policy

Questions (326)

Eoin Ó Broin

Question:

326. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if court ordered maintenance payments are included in the income assessment for social housing and HAP eligibility. [37242/21]

Written answers

Minister for Housing, Local Government and Heritage

In order to be eligible for HAP support, a household must first qualify for social housing support and be placed on a housing list. Applications for social housing support are assessed by the relevant local authority, in accordance with the eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, as amended.

If a household has been deemed eligible for social housing support, it is a matter for the local authority to examine the suite of social housing supports available, including the HAP scheme, to determine the most appropriate form of social housing support for that household.

The 2011 Regulations prescribe maximum net income limits for each local authority, in different bands according to the area concerned, with income being defined and assessed according to a standard Household Means Policy. The 2011 Regulations do not provide local authorities with any discretion to exceed the limits that apply to their administrative areas.

Under the Household Means Policy, which applies in all local authorities, net income for social housing assessment is defined as gross household income less income tax, PRSI, Universal Social Charge and Additional Superannuation Contribution. The Policy provides for a range of income disregards, and local authorities also have discretion to decide to disregard income that is temporary, short-term or once-off in nature. However, with the exception of the specific payments listed in the Household Means Policy as being disregarded, all income from social insurance and social assistance payments, allowances and benefits, and maintenance payments received is assessable. There is no provision in the policy to deduct any other regular outgoings, such as maintenance paid in respect of family members, from gross household income for the purposes of the income threshold.

The income bands are expressed in terms of a maximum net income threshold for a single-person household, with an allowance of 5% for each additional adult household member, subject to a maximum allowance under this category of 10%; and separately, an allowance of 2.5% for each child.

The income bands and the authority area assigned to each band were based on an assessment of the income needed to provide for a household's basic needs, plus a comparative analysis of the local rental cost of housing accommodation across the country. It is important to note that the limits introduced in 2011 also reflected a blanket increase of €5,000 introduced prior to the new system coming into operation, in order to broaden the base from which social housing tenants are drawn, both promoting sustainable communities and also providing a degree of future-proofing. 

Given the cost to the State of providing social housing, it is considered prudent and fair to direct resources to those most in need of social housing support. The current income eligibility requirements generally achieve this, providing for a fair and equitable system of identifying those households facing the greatest challenge in meeting their accommodation needs from their own resources.

However, as part of the broader social housing reform agenda, a review of income eligibility for social housing supports in each local authority area is underway. The review will have regard to current initiatives being brought forward in terms of affordable housing both for purchase and for cost rental.

Departmental Reviews

Questions (327)

Holly Cairns

Question:

327. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage the details of the social impact assessments carried out by his Department and public bodies and agencies under his remit since 1 January 2016; and if he will make a statement on the matter. [37296/21]

Written answers

Minister for Housing, Local Government and Heritage

Social Impact Assessment (SIA) is an analytical framework that is designed to examine the demographic profile of public services users, and how they are impacted by budgetary policy decisions.  As a tool predominantly used to assess the impact of certain tax and welfare policy measures, SIAs have been conducted in the main by departments responsible for such functions.

Traditionally, ex-post budgetary impact assessment exercises assessed the impact of certain tax and welfare policy measures across different household types based on a large-scale, nationally representative survey.  This approach is useful in terms of analysing certain tax and welfare measures but does not take account of factors outside of these measures, e.g. expenditure on public services such as housing, health and education.

The Irish Government Economic and Evaluation Service (IGEES), published a paper in April 2016 putting forward a proposal for a framework that would broaden the scope of SIA exercises, specifically with regard to addressing expenditure on public services.  An SIA on Social Housing Supports was subsequently published by IGEES in October 2018 and this is available at: https://igees.gov.ie/wp-content/uploads/2018/10/SIA-Series-Social-Housing-Supports-1.pdf.

My Department does not maintain the requested information in respect of the State bodies under its aegis.  These State bodies may be contacted directly by e-mail by members of the Oireachtas, as set out in the following table.

State Body	Contact E-mail Address
An Bord Pleanála	[e-mail]
An Fóram Uisce (the Water Forum)	[e-mail]
Approved Housing Bodies Regulatory Authority	[e-mail]
Docklands Oversight and Consultative Forum	[e-mail]
Ervia	[e-mail]
Gas Networks Ireland	[e-mail]
Heritage Council	[e-mail]
Housing Finance Agency	[e-mail]
Housing and Sustainable Communities Agency	[e-mail]
Irish Water	[e-mail]
Land Development Agency	[e-mail]
Local Government Management Agency	[e-mail]
National Oversight and Audit Commission	[e-mail]
National Traveller Accommodation Consultative Committee	[e-mail]
Office of the Planning Regulator	[e-mail]
Ordnance Survey Ireland	[e-mail]
Property Registration Authority	[e-mail]
Pyrite Resolution Board	[e-mail]
Residential Tenancies Board	[e-mail]
Valuation Office	[e-mail]
Valuation Tribunal	[e-mail]
Water Advisory Body	[e-mail]
Waterways Ireland	[e-mail]

Housing Policy

Questions (328)

Matt Shanahan

Question:

328. Deputy Matt Shanahan asked the Minister for Housing, Local Government and Heritage the Departmental planning that is in place to provide grant support to first-time buyers to purchase second hand property; the reason second hand property is not being funded given the undersupply of available family homes and the large amount of vacant property available in towns and villages that is suitable for renovation to deliver a new home; if funding is being ringfenced to promote an initiative to bring this property back into habitable use; and if he will make a statement on the matter. [37356/21]

Written answers

Minister for Housing, Local Government and Heritage

My Department operates the Rebuilding Ireland Home Loan, which is targeted at first time buyers who wish to own their own home, have access to an adequate deposit and have the capacity to repay a mortgage, but who are unable to access a mortgage sufficient for them to purchase their first home.

The loan enables credit worthy first time buyers to access sustainable mortgage lending to purchase new or second-hand properties in a suitable price range.

Further information on the scheme is available on the dedicated website www.rebuildingirelandhomeloan.ie.

My Department is also focused on ensuring that existing housing stock is utilised to its fullest extent including a targeted, effective and co-ordinated approach to identifying and tackling vacancy across Ireland.    

In that context, Pillar 5 of Rebuilding Ireland, set out a range of measures to assist in meeting housing needs by ensuring that our existing housing stock is used to the greatest extent possible. Key to this was the publication of the National Vacant Housing Reuse Strategy, published in 2018, contains a range of objectives and key actions to be pursued in partnership with stakeholders and agencies across the housing sector to address vacancy in our housing stock.

The Strategy is underpinned by a number of supports and guidance available to bring vacant housing stock back into use including:

- The Repair and Leasing Scheme

- The Buy and Renew Scheme

- The Housing Acquisitions Fund  

To support this work at local authority level, the Department has secured funding for each local authority to support the work of a Vacant Homes Office. The provision of central funding reinforces the capacity of the Department’s Vacant Homes Unit to liaise with and seek information/statistics from a dedicated contact point within each local authority. The Vacant Homes Office plays a key role in the co-ordination of this work within each local authority.

Housing Schemes

Questions (329)

Paul McAuliffe

Question:

329. Deputy Paul McAuliffe asked the Minister for Housing, Local Government and Heritage the status of the housing project at a location (details supplied); and if he will make a statement on the matter. [37358/21]

Written answers

Minister for Housing, Local Government and Heritage

My Department provides both capital and current funding to local authorities across a range of funding initiatives to assist them in providing homes for families and individuals on their social housing waiting lists.  To provide transparency on the new social housing projects being advanced, each quarter my Department publishes a Social Housing Construction Status Report and updated Social Housing Delivery statistics for all years from 1999. The report for Quarter 4, 2020 is available at the following link: https://rebuildingireland.ie/news/minister-obrien-publishes-2020-social-housing-statistics/ .  These quarterly reports provide details of the social housing construction schemes completed and those in the pipeline for all local authorities including Dublin City Council (DCC).

DCC is currently progressing plans for the redevelopment of the 6.1 hectare site at Kildonan Road which includes the Abigail Women’s Centre and Tús Núa facility with a view to constructing 166 homes, a Men’s Shed and a Creche.

On receipt of a Stage 1 Capital Appraisal my Department issued Stage 1 Approval-in-Principal in May 2020 for the construction of the 75 Social Housing units under Phase 1 of this project. 

DCC has informed my Department that following delays, design development is underway and a Stage 2 Pre-planning submission for the social housing units is expected to be submitted to my Department in September 2021. 

Housing Schemes

Questions (330)

Paul McAuliffe

Question:

330. Deputy Paul McAuliffe asked the Minister for Housing, Local Government and Heritage the status of the housing project at a location (details supplied); and if he will make a statement on the matter. [37359/21]

Written answers

Minister for Housing, Local Government and Heritage

My Department is currently considering a funding application for a housing project, comprising 104 high-quality homes for social housing use, at the location referred to that is being progressed by the approved housing body (AHB), Clúid Housing, working in partnership with Dublin City Council (DCC). This project has an indicative completion date of December 2023. As with all construction projects in the current COVID 19 climate, delivery programmes and timelines are under constant review.

The land on which this proposal relates is currently in the ownership of DCC, and the project is currently going through the Pre Part 8 process. It is intended that the development will be social housing for Older Persons.

My Department publishes a quarterly Social Housing Construction Projects Status Report, which sets out the continuing progress being made in advancing the national Local Authority and AHB new-build pipeline. 

Details of the latest Construction Status Report (Q1 2021) can be located on the data.gov website at the following link:

https://data.gov.ie/dataset/social-housing-construction-status-report-q1-2021

Local Area Plans

Questions (331)

Paul McAuliffe

Question:

331. Deputy Paul McAuliffe asked the Minister for Housing, Local Government and Heritage the status of sites (detail supplied) in the Ballymun local area plan; and if he will make a statement on the matter. [37360/21]

Written answers

Minister for Housing, Local Government and Heritage

The Social Housing Public Private Partnership (PPP) Programme consists of 3 Bundles of sites that will deliver in the region of 1,500 social homes. Bundle 3 consists of six sites including Shangan Road in Ballymun. My Department and the National Development Finance Agency (NDFA) are currently working with the relevant Local Authorities including Dublin City Council as Lead Authority for Bundle 3 to progress the six sites; design development is underway and the statutory consent process is expected to commence in Q3 2021.

 My Department does not have any current funding submissions in relation to the sites listed below. However, Dublin City Council have advised that they are progressing proposals under a range of funding streams for submission to my Department.

Site 5 Santry Cross South

Site 6 Coultry Road

Site 8 Coultry Gardens

Site 11 Sillogue Gardens

Site 12 Balbutcher

Site 13 Sillogue Road

Site 14 Sillogue

Site 18 Balcurris

Site 19 St Joseph’s Site

Site 21

Site 22

Site 23

Site 25

Carton Lands

Question No. 332 answered with Question No. 325.

Housing Schemes

Questions (333, 334)

Martin Browne

Question:

333. Deputy Martin Browne asked the Minister for Housing, Local Government and Heritage the number of approved applicants for housing adaptation grants in each priority group in each local authority area in tabular form; and if he will make a statement on the matter. [37376/21]

Martin Browne

Question:

334. Deputy Martin Browne asked the Minister for Housing, Local Government and Heritage the amount of funding available to each local authority for housing adaptation grants; and if he will make a statement on the matter. [37377/21]

Written answers

Minister for Housing, Local Government and Heritage

I propose to take Questions Nos. 334 and 333 together.

Funding allocations for 2021 under the Housing Adaptation Grants for Older People and People with a Disability Scheme, for private houses, were issued to all local authorities on 1 March and are publicly available on my Department’s website at the following links: 

https://www.gov.ie/en/press-release/0da3f-minister-obrien-minister-burke-announce-75m-fund-to-improve-homes-of-older-people-people-with-a-disability/.

The detailed administration of the grants including their assessment, approval and prioritisation, is the responsibility of local authorities. My Department does not hold information in relation to the current number of approved applicants and their respective medical priority. This information may be available directly from the local authorities.

Fire Service

Questions (335)

Seán Sherlock

Question:

335. Deputy Sean Sherlock asked the Minister for Housing, Local Government and Heritage the number of persons employed in the fire service in each of the years 2015 to 2020 and to date in 2021. [37435/21]

Written answers

Minister for Housing, Local Government and Heritage

Under section 159 of the Local Government Act 2001, each Chief Executive is responsible for the staffing and organisational arrangements necessary for carrying out the functions of the local authority for which he or she is responsible.

My Department oversees workforce planning for the local government sector, including the monitoring of local government sector employment levels. To this end, my Department gathers aggregate quarterly data on staff numbers in each local authority on a whole time equivalent basis.

However, granular data, in terms of the detailed breakdown of the local authorities of the number of persons employed in the fire service is not collected and consequently is not available in my Department. The relevant information would be available from individual local authorities.

While my Department does not routinely collect this data, as part of a monitoring exercise currently in progress a breakdown, based on data supplied by local authorities, of the number of staff in the fire service in each fire authority as at June 2021 is set out in the following table.

Fire Authority	Operational staff	Senior Officers
Carlow	45	2
Cavan	93	4
Clare	76	9
Cork   City	152	6
Cork   County	204	28
Donegal	154	7
Dublin	963	12
Galway	138	11
Kerry	104	10
Kildare	63	10
Kilkenny	64	4
Laois	71	4
Leitrim	36	4
Limerick	140	12
Longford	44	3
Louth	100	5
Mayo	119	8
Meath	72	5
Monaghan	51	5
Offaly	52	5
Roscommon	45	4
Sligo	47	4
Tipperary	127	10
Waterford	124	7
Westmeath	46	5
Wexford	63	4
Wicklow	94	4
-	3287	188

Housing Policy

Questions (336)

Éamon Ó Cuív

Question:

336. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage when the repair and leasing scheme was introduced; the number of approvals each year since the scheme was introduced; the number of applicants who have received payment under the scheme each year; and if he will make a statement on the matter. [37449/21]

Written answers

Minister for Housing, Local Government and Heritage

The Repair and Leasing Scheme (RLS) was developed to assist private property owners and local authorities or approved housing bodies (AHBs) to harness the accommodation potential that exists in vacant dwellings across Ireland. Subject to the suitability of the dwelling for social housing, the cost of the necessary repairs will be met upfront by the local authority or an AHB with the cost of the repairs being recovered from the property owner by offsetting it against the lease payment.

An initial pilot RLS scheme was launched in Carlow and Waterford local authorities in October 2016. Following on from the success of the initial pilot in Waterford and Carlow, RLS was rolled out on a national basis from 23 February 2017.

At end Q1 2021, a total of 247 dwellings had been brought back into use under the scheme across a range of dwelling types, including over the shop properties, former bedsits, city centre terraced houses, and one off rural dwellings. The budget allocation for RLS in 2021 is €11 million. My Department is currently collecting data from Local Authorities for Q2 2021 and it will be published shortly.

Data to end Q1 2021 in relation to dwellings delivered by each local authority under RLS, broken down by year, is available on my Department's website at the following link:

https://www.gov.ie/en/collection/6060e-overall-social-housing-provision/#repair-and-leasing-scheme-rls 

Rental Sector

Questions (337)

Bernard Durkan

Question:

337. Deputy Bernard J. Durkan asked the Minister for Housing, Local Government and Heritage if small landlords dependent on income from their rented property have protection in the event of the tenants paying no rent and overholding the property; and if he will make a statement on the matter. [37460/21]

Written answers

Minister for Housing, Local Government and Heritage

The Residential Tenancies Board (RTB) was established as an independent statutory body under the Residential Tenancies Acts 2004-2021, to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants.   A dispute may be referred to the RTB under Part 6 of the Acts - please see www.rtb.ie for information on the RTB's dispute resolution service.

In particular, section 78 provides a non-exhaustive list of matters that may be referred to the RTB for dispute resolution, which includes an alleged failure by the tenant or other occupant to offer up, by the specified date, vacant possession of a dwelling on foot of receipt by him or her of a notice of termination validly served by the landlord, and a claim by a landlord for arrears of rent or other charges.

The Emergency Measures in the Public Interest (Covid-19) Act 2020 provided that a  rent increase was not permitted to take effect during, or in respect of any part of, the period from 27 March 2020 to 1 August 2020. From 1 August 2020, the blanket ban on rent increases taking effect inside or outside of a Rent Pressure Zone (RPZ) was lifted for all, apart from the most vulnerable tenants.

The Residential Tenancies and Valuation Act 2020 (RTVA) and subsequently, the Planning and Development, and Residential Tenancies, Act 2020 (PDRTA) provide that rent increases were not permitted to take effect during, or in respect of any part of, the period from 1 August 2020 until 12 July 2021, for tenants with rent arrears due to Covid-19 and at risk of losing their tenancy who make the necessary declaration. Any notice of termination grounded on rent arrears served in respect a tenant protected under the PDRTA must provide 90 days notice (rather than the usual 28 days notice) or specify a termination date of 13 January 2022 (whichever is later).

The Residential Tenancies (No. 2) Act 2021, which was signed into law on 9 July 2021, provides for an extension of the enhanced protections under the PDRTA until 12 January 2022.

Any notice of termination grounded on rent arrears must be copied to the RTB and will be invalid if it is not so copied. A notice of termination grounded on rent arrears can only be served by a landlord on the condition that a written rent arrears warning was given to both the tenant and the RTB and that the arrears were not paid within 28 days (doubled from 14 days) following receipt of the warning by the tenant or by the RTB, whichever occurs later. The RTB acknowledge receipt of the warning notice to the landlord and tenant and provide the tenant with written information to enable them to get advice from the Money Advice and Budgeting Service (MABS) and on the income and other supports available.

These measures are designed to prompt early engagement to deal with any rent arrears situation arising. Further information is available at www.rtb.ie. 

Rent reviews could be carried out at all times during the pandemic and rent decreases could, and can, take effect. A rent increase is payable by relevant tenants from the end of the given emergency period.

Tenants are required to continue to observe the normal terms and conditions of their tenancy including paying rent to their landlord during any emergency period. In the event of a tenant having difficulty meeting their legal obligation to pay rent due, he or she is encouraged to engage with their landlords at the earliest opportunity. The tenant may also wish to contact the Department of Social Protection, the RTB and the Money Advice and Budgeting Service (MABS) to obtain the State supports available.

The protections under the PDRTA do not apply to a tenant who owed an amount of rent equal to 5 or more months’ rent on 10 January 2021 or builds rent arrears to such an amount.  The PDRTA provides for a number of scenarios, set out at the weblink below under which a landlord can make a declaration to the RTB and to the tenant with the effect that the PDRTA protections cease to apply in respect of the tenant - https://www.rtb.ie/emergency-measures-ended-new-protections-introduced-for-the-rental-sector/latest-rent-arrears-procedures-requirements-and-protections - including where their application would cause undue financial hardship to the landlord.

Wastewater Treatment

Questions (338, 340, 341)

Jackie Cahill

Question:

338. Deputy Jackie Cahill asked the Minister for Housing, Local Government and Heritage the number of urban areas with a population of over 10,000 that currently have wastewater treatment plants with a lack of capacity; and if he will make a statement on the matter. [37560/21]

Jackie Cahill

Question:

340. Deputy Jackie Cahill asked the Minister for Housing, Local Government and Heritage the number of urban areas that lie within a 10 km distance of the River Shannon that do not have a wastewater treatment plant; and if he will make a statement on the matter. [37563/21]

Jackie Cahill

Question:

341. Deputy Jackie Cahill asked the Minister for Housing, Local Government and Heritage the number of urban areas that lie within a 10 km distance of the River Shannon that regularly experience a lack of capacity in the wastewater treatment plant; the areas that must discharge raw sewage into the local waterways to compensate for this; and if he will make a statement on the matter. [37564/21]

Written answers

Minister for Housing, Local Government and Heritage

I propose to take Questions Nos. 338, 340 and 341 together.

With effect from 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels for public water services, including the delivery of water services capital infrastructure, encompassing the management of urban waste water collection and treatment infrastructure.  

For the information of the Deputy, it should be noted that all discharges to the aquatic environment from sewerage systems owned, managed and operated by Irish Water require a waste water discharge licence or certificate of authorisation from the Environmental Protection Agency (EPA).  The authorisation process provides for the EPA to place stringent conditions on the operation of such discharges to ensure that potential effects on the receiving water bodies are strictly limited and controlled. This is in line with the Urban Waste Water Treatment Directive which sets out requirements for the collection, treatment and discharge of urban waste water with the objective of protecting the environment from the adverse effects of waste water discharges.

The EPA is the key statutory body for investigating complaints of pollution and for the enforcement, both directly and through oversight of Irish Water and local authorities, of environmental legislation in Ireland, including compliance in relation to licensed urban waste water discharges.

Given the role assigned to Irish Water, my Department does not compile information in the specific format that the Deputy has requested. However, the EPA’s recent report on the performance of urban waste water treatment in 2019 shows that, while many challenges remain, Irish Water is continuing to make progress and is improving our waste water systems.  Irish Water has reduced the number of priority waste water sites listed by the EPA and has increased the number of large towns and cities that now meet the required EU standards for waste water discharges. A copy of the EPA report, containing details in relation to the location of urban wastewater treatment plants, is available on the EPA’s website at the following link: https://www.epa.ie/our-services/compliance--enforcement/waste-water/urban-waste-water/.

Wastewater Treatment

Questions (339)

Jackie Cahill

Question:

339. Deputy Jackie Cahill asked the Minister for Housing, Local Government and Heritage the number of urban areas with a population of over 5,000 that are restricted from constructing new housing units due to a lack of capacity in the local wastewater treatment plant; and if he will make a statement on the matter. [37561/21]

Written answers

Minister for Housing, Local Government and Heritage

With effect from 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels for public water services, including the delivery of water services capital infrastructure, encompassing the management of urban waste water collection and treatment infrastructure.

In terms of the construction of new housing, the National Planning Framework (2019) sets out the approach that local authorities must follow when assessing the infrastructural capacity of proposed land use zoning in development plans. This two-tiered approach requires that the development plan must identify ‘Tier 1’ or serviced zoned land which comprises lands that are able to connect to existing development services, i.e. road and footpath access including public lighting, foul sewer drainage, surface water drainage and water supply, for which there is service capacity available, and can therefore accommodate new development.

The plan may also identify ‘Tier 2’ or serviceable zoned land which comprises lands that are not currently sufficiently serviced to support new development but have potential to become fully serviced within the life of the plan i.e. the lands are currently constrained due to the need to deliver some or all development services required to support new development, such as, road or footpath access including lighting, foul sewer drainage, surface water drainage, water supply and/or additional service capacity.

The potential for delivery of the required services and/or capacity to support new development must be identified and this infrastructural assessment must be aligned with the approved infrastructural investment programme of the relevant delivery agency, for example, Irish Water, or be based on a written commitment by the relevant delivery agency to provide the identified infrastructure within a specified timescale (i.e. within the lifetime of the plan). 

To align with the national planning framework, Irish Water takes account of and supports ongoing work on the implementation of the framework, including the regional spatial and economic strategies. It liaises closely with local authorities to inform ongoing reviews of county development plans, local area plans and its waste water capacity registers, which help ensure the right development is supported in the right place.

For the information of the Deputy, it should be noted that the Environmental Protection Agency (EPA), as environmental regulator, is responsible for setting quality standards and enforcing compliance with EU Directives and national regulations for wastewater discharges to water bodies.

While my Department does not compile the information that the Deputy has requested, the EPA’s recent report on the performance of urban waste water treatment in 2019, highlights the number of large towns and cities that now meet the required EU standards for waste water discharges. A copy of this report is available on the EPA’s website at the following link: https://www.epa.ie/our-services/compliance--enforcement/waste-water/urban-waste-water/.

Question No. 340 answered with Question No. 338.